Invention patent refers to an unprecedented patented technology or method with originality, novelty and practicality; Among the three patent types, utility model patent, invention patent and appearance patent have the highest technical content and value, so the protection period of invention patent is the longest (20 years). Invention patents include product patents and method patents. 1, product invention, product invention, refers to the products directly produced by the technical scheme provided by the inventor to solve specific problems, such as electric lights, telephones, machines, equipment, instruments, new alloy substances and other inventions. Substances that are in a natural state without human processing are not product inventions, such as natural gems and minerals. After a product invention is patented, it is called a product patent, which only protects the product itself and does not protect the manufacturing method of the product. 2. Method Invention Method invention refers to the operation method and technological process created for manufacturing products or solving a technical problem. The "methods" here can be chemical methods, mechanical methods, communication methods and methods described in the order specified by the process. Such as papermaking, steelmaking, printing and communication. A method invention is called a method patent after it is patented. According to the Patent Law of our country, the protection scope of method patent extends to the products directly obtained by this method and imported or used or sold in China. This means that no unit or individual may use the patented method and use or sell the products directly obtained according to the patented method without the permission of the patentee of the method invention. About inventions, there is a more detailed classification method: 1, groundbreaking inventions, also known as pioneering inventions. This refers to a brand-new technical scheme, which has no precedent in the history of technology at home and abroad. This invention has created a new milestone for the development of human science and technology, and it is an absolutely novel invention. For example, inventions such as compass, printing, steam engine, electric light and telephone have left brilliant footprints in the history of human invention and are groundbreaking inventions. 2. Improved invention Improved invention refers to an improved technical scheme based on the existing technology to improve its performance and make it have new functions while maintaining its unique performance. Compared with the original invention, the improved invention depends more on the technical achievements of predecessors. Most inventions belong to improved inventions. 3. Combined invention A combined invention refers to a technical scheme that combines some known technical features to achieve new goals. For example, the engine, tires, carriage and steering wheel are combined into a car, so that the combined result has a completely different technical effect from the original four components. In the modern society with increasingly advanced technology, combinatorial invention is more important and indispensable. The recombination of the original products or methods and the flexible application of the original technology can sometimes produce unexpected effects and even raise the existing technology to a new stage. 4. Application invention refers to the invention produced by applying the known technology in a certain technical field to a new field. This new application can also produce unexpected technical effects. For example, washing powder is a well-known detergent. Some people have studied some characteristics of washing powder, and feeding pigs as feed in animal husbandry can achieve the purpose of fattening. This new use of washing powder is an application invention. 5. Selective invention A selective invention refers to an invention that chooses a technical scheme from many published technical schemes. Selective invention is a common form of invention in the field of chemistry. For example, under standard atmospheric pressure, the output of substance A usually increases at 50 ~100 C, but according to further experiments, if it is set at 70 ~ 80°C, the output of substance A will increase significantly. The invention is a selective invention in a wide temperature range. It is worth noting that some patent applicants want to draw a wide range of patent protection for their inventions, but there are not enough examples to support them, so it is easy for others to choose inventions on the basis of the original inventions. The above introduction of invention patents is a little more complicated, but it is necessary, because among the protected objects stipulated in China's patent law, the requirements for inventions are the highest and strictest, and it is quite difficult for an invention to obtain the invention patent right instead of the utility model or design patent right through strict examination by the patent administration department of the State Council. Therefore, in China's patent applications, the proportion of invention patents is relatively small, only accounting for more than 10% of all applications.
Legal objectivity:
The word patent comes from Latin Litteraepatentes, which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself. Patents are the largest source of technical information in the world. According to empirical statistical analysis, patents contain 90%-95% of the global scientific and technological information. In China, patents include invention patents, utility model patents and design patents. Invention patents have the highest technical content, and inventors spend the most creative labor. New products, their manufacturing methods and usage methods can all apply for invention patents. Patent for utility model, as long as there are some technical improvements, you can apply for a patent for utility model, but it should be noted that you can only apply for a patent for utility model if it involves the product structure, shape or their combination. As for the design patent, you can apply for a design patent as long as it involves the shape, pattern or combination of products and the combination of color and shape and pattern, which is aesthetic and suitable for industrial application. Attachment: 1 Understanding invention patents-It is pointed out in the detailed rules for the implementation of China's patent law that "the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement". The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality. Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes. Inventions mentioned in the patent law can be divided into product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods). Inventions in some technical fields are not patented, such as diagnosis and treatment of diseases and substances obtained by nuclear transformation. The invention of computer software depends on whether it belongs to simple computer software or special software that can be combined with hardware and treated differently. The latter can apply for patent protection. With the change of censorship standards, simple computer software can also be patented separately at present, and it is no longer necessary to combine with hardware. As for inventions involving microorganisms, you can also apply for invention patents. However, the certificate of microbial preservation shall be submitted on schedule. 1, product invention (including material invention) is a technical scheme about various new products, new materials and new substances developed by people through research. A product in the patent law can be an independent and complete product or a part of a device or instrument. Its main contents include: finished products, such as machines, equipment and various supplies and materials, such as chemicals, composites and other products with new uses. 2. Method invention refers to the technical scheme such as operation method, manufacturing method and technological process developed by people for manufacturing products or solving a technical problem. A method can be a complete process consisting of a series of steps or a single step, which mainly includes: a manufacturing method, that is, a method for manufacturing a specific product; And other methods, such as measurement method, analysis method, communication method, etc. ; The new use of the product. 3. Which inventions can apply for invention patents Generally speaking, the achievements made in the process of technology development and new product development should be applied for invention patents because of their high technical level. For example, the application of laser technology has been developed, and synthetic leather has been manufactured by laser holography or grating photoetching, and holographic grating synthetic leather has been developed. Then, both the leather itself and its manufacturing method should apply for invention patents. Another example: drugs developed by biochemical technology, whether drugs or methods of manufacturing drugs, should apply for invention patents. Another example is that a factory has put forward a design scheme to improve the air compressor, which is feasible, and the effect after implementation will greatly reduce the production cost and improve the performance of the machine, so the scheme can be applied for an invention patent. The technology applying for a patent for invention can be a pioneering or pioneering invention that brings revolutionary changes to a certain discipline or a certain technical field, or an improved invention that is partially improved and developed on the basis of the existing technology. 2. Understand utility model patents-utility model patents, also known as small inventions or small patents, are the object of patent rights and the object of patent law protection, and refer to utility models that should be granted patent rights according to law. Utility model usually refers to a new practical technical scheme for the shape, structure or combination of products. (1) Regarding the utility model, some countries do not list it as an independent patent protection object, but put it in the invention patent to protect it. In other countries, utility model is listed as an independent object of patent protection, which mainly refers to small inventions. The reason why the state protects utility models is to encourage small inventions with low cost and short development cycle, so as to meet the needs of economic development more quickly. (2) The Paris Convention does not stipulate the concept of utility model, but stipulates that utility model enjoys the benefit of invention patent. The Agreement on Trade-Related Aspects of Intellectual Property Rights also does not separately stipulate the patent types of utility models. China's patent law clearly regards utility model as one of the objects of patent protection, and stipulates that utility model patent refers to a new practical technical scheme proposed for the shape, structure or combination of products. The technical scheme is lower than the invention patent in technical level. 3. Understand the design patent-IndustrialDesign refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. Design refers to the design of industrial products, which is the style of industrial products. Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law. It is completely different from the patent certificate of invention design or utility model, that is, design is not a technical scheme. Article 2 of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, as well as the combination of color and shape and pattern. It can be seen that the design patent shall meet the following requirements: (1) refers to the design of shape, pattern, color or their combination; (2) It must be the design of product appearance; (3) it must be beautiful; (4) It must be suitable for industrial application.